ELY v. BRILEY

No. 03-97-00211-CV.

959 S.W.2d 723 (1998)

J.B. ELY, Jr., Appellant, v. Shawn Joyce BRILEY; Elizabeth R. Berg; and Union Pacific Resources Company, Appellees.

Court of Appeals of Texas, Austin.

January 29, 1998.


Attorney(s) appearing for the Case

Molly A. Hedrick, Palmos, Russ, McCullough & Russ, L.L.P., Hearne, for Appellant.

Billy M. Payne, Payne, Watson, Kling, Miller & Malechek, P.C., Bryan, for Briley and Berg.

Shayne D. Moses, Cantey & Hanger, L.L.P., Fort Worth, for Union Pacific.

Before CARROLL, C.J., and JONES and KIDD, JJ.


CARROLL, Chief Justice.

In this case of first impression, we decide (1) whether a constructively severed mineral interest is subject to the doctrine of accretion, and (2) whether a deed reserving a one-half mineral interest to the grantor ceded the grantor's right to future accretion to the grantee. Because we hold that a constructively severed mineral interest is subject to the doctrine of accretion, and that the deed in question did not limit the grantor's right...

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